Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 155

    (1)     This section applies if an application is made under section 153 (Transaction suspension orders—application) to a relevant court for a transaction suspension order requiring a financial institution, on becoming aware of a transaction (including a proposed transaction) to be conducted through the account to which the application relates, to—

        (a)     immediately tell a police officer about the transaction; and

        (b)     delay the processing of the transaction for 48 hours after the institution becomes aware of the transaction.

    (2)     The relevant court must make the transaction suspension order sought if, having regard to the police officer's affidavit supporting the application and any other evidence before the court, the court is satisfied that there are reasonable grounds for the officer's suspicions stated in the affidavit.

    (3)     The order must state—

        (a)     that it is a transaction suspension order under this Act; and

        (b)     the terms of the order; and

        (c)     the financial institution to which the order applies; and

        (d)     the account in relation to which the order is made; and

        (e)     how notice of transactions (including proposed transactions) is to be given; and

        (f)     the period for which the order has effect; and

        (g)     that the transaction suspension order is a non-disclosable information order.

Note 1     The disclosure of the existence or operation of a non-disclosable information order is prohibited (see s 192).

Note 2     An order cannot be made in relation to a safe-deposit box (see s 152 (2)).

    (4)     The order must also include a statement setting out the effect of division 12.6 (Information order offences) in relation to transaction suspension orders.

    (5)     The period mentioned in subsection (3) (f) must not begin earlier than the day when notice of the order is given to the financial institution and must end not later than 3 months after the day when the order is made.

    (6)     To remove any doubt, a relevant court may make 2 or more transaction suspension orders (including for successive periods) in relation to the same account.

    (7)     The chief police officer must give a copy of a transaction suspension order to the financial institution to which the order applies.

Note     For how documents may be served, see the Legislation Act

, pt 19.5.

Note 1     For general provisions about a proceeding for a production order (which is a confiscation proceeding—see s 236), see pt 14.

Note 2     In particular, no advance notice to anyone is required of the application for the order, and the application may be heard in closed court, without the offender or the public being present (see s 243).